Many states requires just that one party is aware of the recording. Some states 
require two party. This is why you hear at most places when you call in a 
recorded message that your call might be recorded. I love the thing about 
"might" there is no might or may about it. They all are but rarely reviewed or 
used. 
Kansas for example is a one party state so a company that record "for quality" 
assurance don't necessary need to state that as long as their employees know. 
But it gets bit more sticky if someone calls interstate from a state that 
require two party if a lawsuit is field in the one party state your ok but if 
the other part files in his state that requires two part and it wasn't 
disclosed at the start of the phone call then the recording wouldn't be 
accepted by the court. If you tell during the phone call anything said before 
the other party was informed would not be accepted in the courts in a state 
that require two party knowledge. 

 
The thing about those silly "confidential" signatures. they been thrown out 
more then once in court so just a waste of time. Especially "if your not 
intended recipient" if it was sent to your email it was intended for you. What 
it would protect against is someone that hacked another's account but someone 
that did that wouldn't be afraid of a silly signature like that plus you would 
have to catch him as well. So just a waste of time. 

/Eje
Sent via BlackBerry from T-Mobile

-----Original Message-----
From: "St. Louis Broadband" <li...@stlbroadband.com>
Date: Fri, 23 Oct 2009 22:49:32 
To: 'WISPA General List'<wireless@wispa.org>
Subject: Re: [WISPA] How Priviliged are Emails?

> Note that if the phone call was being recorded right you would not hear
anything at all.  In the modern IP world there are no "clicks" to hear.  The
other party may have had a tape recorder or something analog on their
handset, though.

Yep, this is where it cracks me up...and a small telco, none the less.

V

-----Original Message-----
From: wireless-boun...@wispa.org [mailto:wireless-boun...@wispa.org] On
Behalf Of Josh Luthman
Sent: Friday, October 23, 2009 10:39 PM
To: WISPA General List
Subject: Re: [WISPA] How Priviliged are Emails?

If it's going on a public list then it's public information.  How are you
going to protect prying eyes from this:
http://lists.wispa.org/pipermail/wireless/

The disclaimer means little to me and is more annoying then anything.

Note that if the phone call was being recorded right you would not hear
anything at all.  In the modern IP world there are no "clicks" to hear.  The
other party may have had a tape recorder or something analog on their
handset, though.

Josh Luthman
Office: 937-552-2340
Direct: 937-552-2343
1100 Wayne St
Suite 1337
Troy, OH 45373

"When you have eliminated the impossible, that which remains, however
improbable, must be the truth."
--- Sir Arthur Conan Doyle


On Fri, Oct 23, 2009 at 10:52 PM, Lists <li...@stlbroadband.com> wrote:

> We see these footers stating "this information is confidential" or "if you
> get this email by mistake." I personally like that one, if you do not who
> you are sending it to.tough luck.
>
>
>
> What if there is no 'disclaimer' on a string of emails?  No, in
> confidential
> comment, can that be repeated?
>
>
>
> In Missouri we actually can record a voice conversation without informing
> the other party!  I always thought that there had to be that beep warning
> letting you know.watch out.
>
> Recently my conversation was recorded, I know because I kept hearing
> feedback, come on if you are going to do it do it right.  Frankly, I did
> not
> care because I wanted my position documented and them being able to rewind
> and rewind.
>
>
>
> But imagine this rule and compare it to email.  It is hard to do since
> these
> rules are regulated on a state level, whereas email is regulated on a
> federal level.
>
>
>
> But what say you WISPA, if an email does not have a "confidentiality
> notice"
> is it considered privileged?
>
>
>
> Victoria Proffer
>
> www.StLouisBroadband.com
>
> 314-974-5600
>
>
>
>
>
>
>
>
>
>
>
>
>
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